Givens v. Rochester City School District (262 A.D.2d 934, 1999)

—Appeal unanimously dismissed without costs (see, Empire Ins. Co. v Food City, 167 AD2d 983, 984). (Appeal from Order of Supreme Court, Monroe County, Lunn, J.— Reargument.) Present — Denman, P. J., Hayes, Wisner, Hurl-butt and Callahan, JJ.